Held fit for bail: Applicant granted bail in case of cheating and forgery, noting prima facie evidence, civil dispute nature, no antecedents, and duration of jail custody.
Applicant released on bail with personal bond and two sureties, subject to conditions regarding tampering with prosecution and attendance in court.
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Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4286 of 2022
Applicant :- Bharat Chawla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Satyendra Singh,Ankit Kumar Trivedi,Anuj Dayal Counsel for Opposite Party :- G.A.,Gayasuddeen,Kishorey Lal,Mahmood Alam,Rahul Tiwari
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Mohmood Alam, learned counsel for the informant, Sri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the record.
Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 923 of 2019, under Sections 419, 420, 467, 468, 471 IPC, Police Station- Madiyaon, District Lucknow.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the instant matter. On 8th December, 2017, the sale deed was executed in favour of the present applicant by Jwala Prasad who is owner of the property. He added that after the instant FIR he came into knowledge that on 29.04.2017 registered sale deed was executed in favour of informant by Jwala Prasad. He submits that in fact the present applicant had taken a loan amount of Rs. 19 lacs and the same was paid in the account of Jwala Prasad. He also added that the present applicant has himself been victimised as aforesaid land was already sold out in the name of informant. He further added that the present applicant had no knowledge regarding any imposter of Jwala Prasad. He submits that there is no previous criminal antecedent of the applicant and he is law abiding citizen. He further added that the charge sheet has been filed and there is no possibility for any kind of fleeing away from trial proceedings or tempering with the evidence. He is languishing in jail since 25th September, 2021 without any fault. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
He also added that a civil suit has been filed by the informant for cancellation of the sale deed and thus, the matter pertains to civil in nature and that is being given colour of criminality.
Per contra, learned counsel for the informant has opposed the contention aforesaid and submits the applicant deliberately got executed the sale deed in his favour by imposter of Jwala Prasad though Jwala Prasad had executed the sale deed on 29.04.2017. He further added that in collusion with the bank personnel instant cheat has been committed.
On the other hand, learned A.G.A. for the State supported the version of the counsel for the informant and submits that the present applicant is not entitled for any relief. On query being asked, he added that amount which is said to be credited to one Jwala Prasad later on transferred in the account of one Ashish Jain.
Having heard the learned counsel for the parties and after perusal of record, it is evident that the present applicant has taken a loan of Rs. 19 lakh and transferred in the name of Jwala Prasad though there is version of the informant that said Jwala Prasad is imposter. The said amount, as per the instruction of the State Counsel, was transferred in the bank account of one Ashish Jain. Prima facie, it seems that the applicant himself victimized; further mutation has been done in favour of the informant; civil suit has been filed which is pending before the civil court; first instance, it is dispute of civil nature and colour of criminality is being given; there is no previous criminal antecedent and he is languishing in jail since 25.09.2021.
Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a fit case for bail.
Let the applicant- Bharat Chawla involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(1) The applicant shall not tamper with the prosecution
evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and
(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.
Order Date :- 29.9.2022 A.Kr*
Digitally signed by AJAY KUMAR Date: 2022.10.01 12:54:22 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail in a case of cheating and forgery pending at the trial stage.
Whether the present case is primarily of a civil nature involving dispute over ownership of property.
9 provisions across 2 enactments
Bharat Chawla
Shree Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
